The interview was conducted by Kashika Jain, Team Lead at CCCPL.

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In this interview, Mr. Abhay Joshi discusses emerging enforcement trends in Indian competition law, the impact of recent legislative reforms, and developments in digital markets globally. He also highlights the diverse nature of competition practice, offers guidance for aspiring practitioners, and reflects on considerations involved in building a career in the field.

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1. What are the current enforcement trends in the competition law space in the country? Based on current enforcement trends, how do you perceive the future of the competition enforcement law evolving?

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The current enforcement trajectory of India’s antitrust regulator, i.e., the Competition Commission of India (CCI) as highlighted by the CCI’s chairperson on its 17th Annual Day, is focused on operational changes after implementation of the Competition (Amendment) Act, 2023, necessary posture on digital ecosystems, and cooperative market corrections through newly adopted regulatory instruments.

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We have seen an increase in the enforcement activity by the CCI after a period of more than two years. The CCI is pursuing investigations across various sectors such as aviation (e.g., Indigo), paints and chemicals (e.g., Asian Paints), film exhibition (e.g., PVR INOX), sports (e.g., Basketball Federation of India), and fast-moving consumer goods (FMCG). Tech continues to be an important area for the CCI, with investigations against several tech giants like Amazon, Meta, and Apple for anti-competitive practices such as self-preferencing, forced data-sharing, and restrictive app policies. Highlighted by Meta’s recent monetary penalty and Apple’s looming multi-billion dollar fine, these enforcement actions underscore some of the priority areas for the CCI with the aim of curbing digital market dominance.

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Some important changes have occurred that stand out after the implementation of the Competition (Amendment) Act, 2023. First, if global turnover is the basis for calculating financial penalties, antitrust non-compliance in a single product market can now trigger liability across an enterprise’s entire worldwide revenues. Second, the introduction of a Settlements and Commitments framework has allowed the CCI to move beyond traditional market correction approaches. In the maiden settlement order issued in April 2025 in the Google Android Smart TV matter, Google agreed to a payment of Rs. 20.24 crore and introduced a standalone Play Store licensing arrangement, allowing OEMs flexibility to use alternative operating systems. The framework mandates resolution within 180 working days for settlements, signaling the regulator's intent to combine enforcement speed with negotiated, market-preserving remedies.

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On the cartel enforcement side, the “Leniency Plus” regime introduced through the 2024 Regulations is an evolution of traditional whistleblower incentives. An enterprise already cooperating in one cartel investigation can receive an additional penalty reduction of up to 30% in that matter and up to 100% immunity for a second, previously undisclosed cartel.

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Going forward, one of the important regulatory questions is how India will address the structural competition concerns posed by digital markets. The Draft Digital Competition Bill, which proposed an ex-ante obligation framework for “Systemically Significant Digital Enterprises” covering practices such as self-preferencing, anti-steering, and data misuse, was withdrawn by the government in August 2025. The withdrawal appears to reflect the government’s considered recalibration and adoption of a more balanced and carefully considered legislation in the tech space. Currently, discussions surrounding a revised 2026 digital competition framework are focused on adopting a phased, evidence-based approach rather than imposing broad, sweeping upfront obligations. Further, the CCI’s recent market study on Artificial Intelligence reflects this pragmatic stance; rather than recommending premature, heavy-handed intervention that could stifle innovation, the CCI has proposed a collaborative framework emphasizing self-audits, transparency, and internal compliance safeguards by AI deployers to mitigate risks like algorithmic collusion. The enforcement and legislative  architecture will continue to evolve as the markets evolve and new markets emerge, setting out new regulatory issues and challenges.

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2. What is the scope of competition law practice in India in terms of variety and nature of work. Other than enforcement cases, what can students expect to experience as a competition lawyer in India?

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Competition law in India, anchored by the Competition Act, 2002 and administered by the CCI, is far broader in practice than most students anticipate. The enforcement side gets most of the mainstream attention, but it represents only one slice of what a competition lawyer actually does on a day-to-day basis. The practice sits at an intersection of economics, law, and business strategy, which makes it intellectually demanding, requiring an in-depth study of markets and businesses. The practice touches upon various facets, including litigation, transactional and other advisory work.

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Enforcement work is extremely dynamic and strategy oriented. As a competition lawyer representing businesses, you may be involved in advising and representing clients in investigations before the CCI, litigating before the NCLAT and the Supreme Court in appeals and in high courts in writs. This is high-stakes, time-sensitive work that demands both legal precision and sound commercial judgment. As a competition lawyer you may also represent the CCI as an empanelled advocate in competition litigation before various forums.

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Merger control is another important part of the practice, and one that gives junior lawyers early, structured exposure to analysing markets in depth and economics of the markets. Every transaction above the CCI's jurisdictional thresholds requires a filing, and on cross-border deals, the India clearance often runs in parallel with filings in multiple other jurisdictions. The work spans assessing notification requirements, drafting submissions, preparing detailed filings, managing the CCI process, and negotiating remedies where a deal raises concerns.

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Advisory work involves a wide range of work including, compliances, advisory on day to day issues that are critical for businesses, human resource training and so on. b. Businesses across sectors regularly need guidance on structuring distribution arrangements, pricing policies, joint ventures, and information-sharing protocols to ensure compliance with the Act. A meaningful part of this also involves building compliance programmes, conducting training for client teams, and preparing businesses for contingencies like a CCI dawn raid. It also involves conducting detailed due diligence for clients for various reasons such as regular health checks and risk mitigation from the competition law point of view.

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3. What are the global trends in competition law – especially in the EU and US?

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One of the  most important developments in global competition law is the regulatory response to evolving digital markets. The EU has taken the structural route through the Digital Markets Act, 2022, designating certain platforms as “gatekeepers” subject to ex-ante obligations around interoperability, data access, and self-preferencing. The US has pursued similar concerns through existing antitrust law, with the Department of Justice (DOJ’s) case against Google's search monopoly being the most prominent example. Labour market competition is the other frontier reshaping the boundaries of the field. The DOJ and Federal Trade Commission (FTC) in the US have moved aggressively against no-poach agreements and wage-fixing arrangements between employers, treating them on par with price-fixing cartels. The FTC issued a staff report in early 2025 examining the partnerships and investments between the largest cloud service providers Alphabet, Amazon, and Microsoft and the leading generative AI developers, Anthropic and OpenAI. The FTC warned that these arrangements risked “locking in the market dominance of large incumbent technology firms.” The FTC also launched an investigation into Microsoft spanning its dominance in cloud computing, bundling of productivity software, and its partnership with OpenAI.

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The United Kingdom has taken a notably distinct path through the Digital Markets, Competition and Consumers Act 2024, which established a tailored digital markets regime empowering the Competition and Markets Authority (CMA) to designate firms as having “strategic market status” (SMS) and to impose conduct requirements and pro-competition interventions. In January 2025, the CMA launched its first SMS designation investigation into Google, covering general search, search advertising, and AI interfaces, signalling that AI deployment will be a central consideration in how the regime is applied to tech platforms going forward.

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In April 2025, Japan's Fair Trade Commission issued a formal exclusion order against Google, its first formal enforcement action against a major tech platform, reflecting the JFTC's sharply escalating posture toward big tech. Japan also enacted the Mobile Software Competition Act in June 2024, creating its first ex-ante digital competition framework, and in February 2025 the Cabinet approved an AI Bill aimed at promoting AI development while ensuring safety. In Singapore, the Competition and Consumer Commission of Singapore has flagged AI and data as priority areas for competition oversight, actively monitoring developments and equipping its officers with machine-learning tools to investigate potential competitive harms.

 

5. For students and young practitioners hoping to specialize in this field, the learning curve with evolving jurisprudence is steep. How do you suggest staying updated and navigating through the evolving jurisprudence? In your experience, what key elements/issues must one focus on while preparing for a competition case?

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On staying updated, the honest answer is that there is no shortcut, it requires building a  disciplined study of the subject and the developments as the law evolves. The students can find a lot of helpful material online and offline including books, op-eds, articles and newsletters. Given the nature of the law and the legal practice, it is very important to stay updated on both domestic and global developments. Attending seminars, webinars and conferences are a great way to stay updated on the latest trends.  Students may also find useful references and study material on official websites of the enforcement agencies. Following important competition cases, discussing them with peers and publishing op-eds can be helpful in understanding practical nuances. 

 

6. What are the important aspects one must consider while choosing to pursue a career in competition law in India?

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There is no doubt that the competition law is an interesting and engaging field of practice and offers exposure to a wide variety of work, such as advisory, litigation, transactions and so on.

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Anyone looking to pursue a career as a competition lawyer should remember that it is a highly specialized area of practice that is regulator driven. The size of the practice and the opportunities would therefore be different from some of the other practices such as dispute resolution, general corporate and taxation. One must consult and understand the practical aspects and implications of getting into specialized and purely regulator driven practices. Like any other practice, competition law practice also has its own rewards and challenges. Choice of practice should not only align with academic / professional interests but also keep in mind other factors such as the range of existing professional opportunities that come with a certain practice, future opportunities and professional growth in a fast evolving world.

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Mr. Abhay Joshi is a Partner in ELP’s New Delhi office focusing on Competition Law & Policy and Data Privacy. Abhay has over 15 years of experience as an Indian attorney. He has represented several Indian and foreign multinational corporations on a range of complex competition matters before the Competition Commission of India, and before the appellate forums. He has valuable experience in advising large multinationals from technology, automobile, port, pharma, sports and media sectors. Abhay regularly advises clients on issues relating to merger control, joint-ventures, investigations on anti-competitive agreements (including cartels) & abuse of dominance, competition compliance & training and search & seizure procedures by the CCI.

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